Tories back new rights to help home owners protect themselves from burglars

The Conservatives have backed a new campaign by The Sunday Telegraph
for changes to the law to give householders more rights to protect
themselves against burglars.

The Right to defend Yourself campaign is aimed at securing greater rights and immunity from prosecution for householders in dealing with intrudersPhoto: GETTY

By Patrick Hennessy and Melissa Kite

8:45PM GMT 19 Dec 2009

Chris Grayling, the shadow home secretary, promised a review of current legislation if his party wins power in next year's general election.

His pledge comes as this newspaper launches The Right To Defend Yourself campaign – aimed at securing greater rights and immunity from prosecution for householders in dealing with intruders.

This follows the case of Munir Hussain, the businessman who fought off a knife-wielding thugs after his family were threatened, and who was last week jailed for 30 months.

The Sunday Telegraph's campaign comes after two unsuccessful attempts to change the law using Private Members' Bills in the House of Commons, in 2004 and 2005, and a "clarification" of legislation announced last year by Jack Straw, the Justice Secretary.

Currently – in the wake of Mr Straw's intervention – the law on self defence only allows householders to use "reasonable" force against burglars without the fear of prosecution. Campaigners for change, including the Conservatives, want the definition to permit them to use anything other than "grossly disproportionate" force.

Writing in The Sunday Telegraph, Mr Grayling says: "There are two pieces of legislation that need to be looked at again.

"At the moment the law allows a defendant to use 'reasonable force' to protect him or herself, their family or their property. Conservatives argue that the defence that the law offers a householder should be much clearer, and that prosecutions and convictions should only happen in cases where courts judge the actions involved to be 'grossly disproportionate'."

Mr Grayling, who will this week launch a wide-ranging attack on Labour for 12 years of "failure" in the criminal justice system, added: "A future Conservative government will look again at the current legal situation and will look to provide the right level of protection for householders."

Despite public opinion in favour of a change, the government is unlikely to order a fresh review of the law this side of the general election, which must be held by next June.

A spokesman for Mr Straw said the use of force against intruders "should not be disproportionate or excessive."

However, David Blunkett, who as Labour home secretary was sympathetic to attempts to give householders more legal protection, said: "I have long been in favour of allowing self-defence as a legitimate protection against prosecution.

"I was the first to suggest that there should be no compensation for those engaged in criminal activity, including intrusion into and theft from the homes of innocent men and women."

Patrick Mercer, the Tory MP whose Private Members Bill on the issue was blocked by the government five years ago, called for criminal law to be brought into line with civil law.

He added: "This would ensure that the benchmark of grossly disproportionate force would apply in both cases. It would help both the police and director of public prosecutions and most importantly deter criminals.

"Once again The Sunday Telegraph is the voice of common sense in relaunching this crucially important and popular campaign."

Mr Mercer said the “most eloquent” supporter of his Private Member’s Bill had been Brendan Fearon, a burglar shot and injured by Tony Martin after he broke into a remote Norfolk farmhouse in 1999. “Fearon said the Bill would have deterred him,” Mr Mercer added.

David Davis, the former shadow home secretary, said: "It is long past time we had a return of common sense to our law courts

People have a moral right to defend their family and property and the law should reflect that.

"I'm very happy to support The Sunday Telegraph's important campaign to bring an end to the burglar's charter we currently have."

This paper has previous campaigned for the change under the banner Right to Fight Back.

Mr Straw's spokesman said: "The Government strongly supports the right of law-abiding people to defend themselves, their families and their property with reasonable force. That is why we introduced the self defence provisions of the Criminal Justice and Immigration Act 2008.

"These made it clear that as long as they use reasonable force to protect themselves or others, people should have confidence that the law will support them. The level of force used should not be excessive or disproportionate in the circumstances as they viewed them."